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What do I need to know about divorce and special-needs?

On Behalf of | Nov 8, 2019 | family law | 0 comments

Thousands of marriages in the state of Kentucky will eventually end in divorce. Many of these divorces will involve children. While working around children is difficult even in the most amicable of divorces, dealing with a child who has special needs can make the process even more wrought. If you are divorcing in Kentucky and have a child who requires special care, you will have concerns that many families will not. According to the Special Needs Alliance, it is absolutely vital that a strong parenting plan is in place. 

A parenting plan is essentially a guide to the child’s best interests. While parenting plans are also important where children without special needs are concerned, they become a lifeline for a child who has special needs. It is very important to determine who the child will live with. Again, even though joint custody is generally considered best practice, If the child has certain medical conditions it may be in the child’s best interest to stay in one location as often as possible.

Child support is also of special concern. While child support is an issue in any divorce involving children, the expenses associated with special needs are not often accounted for in traditional child support calculators. Particularly if your special needs child has entitlements, you need to be keenly aware of how child support or alimony will affect these benefits.

Additionally, depending on the child, taking care of him or her may very well be a full-time job in and of itself. This is of the utmost importance when spousal maintenance is being considered. Plus, establishing a special needs trust and attaching 401Ks to it to ensure the child is cared for even in the absence of both parents is very important.

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